The act of God-Permission to sign bills-of-lading and
to recharter-Signing for lower freight-Drawing bills
for difference-Remarks on a case in point-Dead-freight
-Charterer's profit-freight-Security for the charterer
Cessation of charterer's liability Advances by

shippers-Advance payable out of freight Insurance of

advancers-Advance in cash or by bill-Written ac-

knowledgment of advance-Lay-days and demurrage—

Running and working days-Demurrage-When lay-

days begin-Danger of condoning a breach of charter-

Cargo shipped in lieu-Brokerage and commissions-

Variations in the form of charter-Occasional stipula-

tions-General average by English custom-The bill-of-

lading-Its brevity-Modern additions-Protection of

the ship-owner-Prospects of revision-Different modes

of using bill-of-lading-Transference of bill-of-lading-

With conditions of charter-party-Recharterers and bill-

of-lading shippers-Bills-of-lading in a general cargo-

Form of the bill-of-lading-Good order-Weight and

contents unknown-The salvo-Insured bills-of-lading

-Signature-Payment of freight-Assignee's position

-How freight estimated-Freight conditional on de-

livery-No set-off of counter-claims-Primage and ave-

rage-Charges and conditions-Signature-Stamps-

To order-Goods at shipper's risk-Neglect and misuse

of bill-of-lading—Liability of master and owner-Prac-

tical remarks-Merchant Shipping Code-Shipowner's

lien and remedies.

The bill-of-lading, its nature and office-Symbols of
value-Fraudulent possession-Transference of property

Shipper can change consignee-The occasions, the per-

sons, and the form of a stoppage-Cause and use of this

power-Failure of payment-Change of shipper's inten-

tion-Endurance of shipper's power over goods-Stop-

page must be made during transit-Transit sometimes

longer than voyage-May cease before end of voyage—
Shipper's own vessel-Vendee's vessel-What is a de-
livery to the vendee-The French system-Who can give
notice-To whom notice must be given-Form of notice
-The master's duty-Undiscoverable facts-Delivery
in error-Warehousing goods by master-Rights of other
parties-An assign's position-Difficulties of the subject
-Practical remarks-The ship-owner's lien-Provisions
of the Merchant Shipping Code-Wharfinger's lien.

CHAPTER VII.

COLLISION

209

Parallel of the streets-Obscure causes of collision-

Attributed motives -Sea-lanes-Dangerous speed-

The Rule of the Road-Rigidity and discretion-Lights

-Optical errors-Inventions for lighting-An omitted

signal-Individual care-Fog-horns, bells, and steam-

whistles-Consequences of collision-Limitation of

claims-Tonnage of sailing and steam ships-Effect of

insurance on collision-Protecting associations—The
price of indemnity-A line required-Practical remarks-
Giving assistance-Inhumanity and its causes-Enact-
ment of Shipping Code-Entry in the log-Survey on
damages done-On damages received-Subjects of claim
-Settlements-Courts of law-Restriction and consoli-

dation of claims-Enactments of the Merchant Shipping

Code-Compulsory pilotage-Reduction of claims-

Counter-proceedings.

PREFA CСЕ.

ARTLY at the instance of valued friends, partly from a wish to complete some slight contributions I have been able to make towards the literature of our marine commerce, I have undertaken the present small work, addressed especially and in the first place to a class of men to whom much is confided, and from whom a great deal is expected-the Master Mariners. who command our mercantile navy, who carry our merchandize, and to whom are entrusted the lives of crews and passengers at sea.

Had I

In proceeding with my task, I have departed somewhat from the original plan I had proposed to myself that of giving some guiding directions shortly, and with a rather bald simplicity. been writing for children this might have proved my best course; but I find myself speaking to an intelligent, responsible, and, in many instances, an educated body of men; a class too, who, while

often absorbed by the ordinary duties or the extraordinary emergencies of their vocation, have at times an enforced leisure, inducing frequently a studious mind. I am aware, from experience, that such persons often employ that leisure and find agreeable occupation in acquainting themselves with subjects allied to their profession; topics nearly or more remotely incidental to their duties. This thoughtful class, whose mental powers have been enlarged and quickened by the study of scientific navigation, are very capable of considering statements and arguments in other departments; especially those which have the interest of being more or less kindred to the important objects they have before them. A commander or officer of a ship who can ascertain the longitude, who can prick his course on the chart, or find his way to an island in midocean, is, generally, also capable of studying his legal position and the commercial side of his many duties. I have not hesitated, therefore, when it has seemed to me necessary, to examine the bases on which practical rules have been founded, or to discuss the motives which lead to a definite line of conduct. To decide on what to do is much assisted by knowing why a thing ought to be done.

To the order of minds indicated, those more intellectual navigators whose mental activity finds food in some book of science perused in the occa